AG -v- Cosgrove (1969) Ltd [2013] JRC 256 (20 December 2013)

AG -v- Cosgrove (1969) Ltd [2013] JRC 256 (20 December 2013)

Fine reduced to £4,000 due to defendant's financial circumstances, balancing deterrence and avoiding harm to employees' earnings.

Citation
[2013] JRC 256
Parties
Prosecutor: Crown; Defendant: Defendant Company
Jurisdiction
Jersey
Judgment Date
20 December 2013
Procedural Posture
Criminal / Sentencing
Outcome
fine imposed
Legal Topics
Risk Assessment, Workplace Safety, Sentencing, Corporate Liability
Health and Safety Criminal Law Risk Assessment Workplace Safety Sentencing Corporate Liability

Case Brief

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Parties

Crown

Prosecutor

Defendant Company

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Failure to carry out risk assessment for removal of lintel
  2. 2 Unsafe system of work
  3. 3 Appropriate level of fine given financial circumstances

Ratio Decidendi

Fine reduced to £4,000 due to defendant's financial circumstances, balancing deterrence and avoiding harm to employees' earnings.

Court Disposition

fine imposed

Orders

  • Fine of £4,000 imposed with 2 years to pay
  • No order as to costs